- 1 - HC-KAR NC: 2025:KHC:24942 CRL.P No. 7002 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No.7002 OF 2025 BETWEEN: KUMARA, S/O PAPEGOWDA, AGED ABOUT 44 YEARS RESIDING AT AHIKKADA VILLAGE, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA. …PETITIONER (BY SRI RAVI R., ADVOCATE) AND: STATE BY KARNATAKA BY PANDAVAPUARA POLICE STATION, MANDYA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560001 …RESPONDENT (BY SRI RANGASWAMY R., HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL AND DIRECT HIS RELEASE FROM CUSTODY PENDING DISPOSAL OF THE CASE THAT IN S.C.No.5088/2022 IN PANDAVAPURA POLICE STATION, MANDYA DISTRICT AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 195-A,341,506,307 R/W SECTION 34 OF IPC THAT IS PENDING BEFORE THE COURT OF THE III ADDL. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24942 CRL.P No. 7002 of 2025 DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA). THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in S.C.No.5088/2022 pending before the Court of III Additional District and Sessions Judge, Mandya Sitting at Srirangapatna, arising out of Crime No.115/2022 registered by Pandavapura Police Station, Mandya, for the offences punishable under Section 195A, 506, 507 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') is before this Court in this successive bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.), seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.115/2022 was registered by Pandavapura Police Station, Mandya for the aforesaid offences against one Devegowda and the petitioner herein based on the first information dated 12.04.2022 received from - 3 - HC-KAR NC: 2025:KHC:24942 CRL.P No. 7002 of 2025 Swamygowda C.V. S/o. Late Venkategowda. During the course of investigation, petitioner herein who was arraigned as accused No.2 in the FIR was arrested on 29.06.2022 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.6750/2022, which was dismissed on 03.08.2022. Thereafter, charge sheet was filed against the accused in the present case and the case was committed to the jurisdictional Sessions Court in S.C. No.5088/2022. Bail application filed by petitioner before the Sessions Court in S.C. No.5088/2022 was rejected on 27.02.2025. Therefore, he is before this Court. 4. Allegations against the accused persons in the present case is that first informant Swamygowda, who is a charge sheet witness in S.C. No.5033/2019 was allegedly threatened by the accused in the present case on 02.03.2022 when he came to the Court to give evidence. It is in this background, FIR was registered against accused Nos.1 and 2 for the aforesaid offences. The petitioner, who was arrested in the present case, is in custody from 29.06.2022 onwards. The maximum - 4 - HC-KAR NC: 2025:KHC:24942 CRL.P No. 7002 of 2025 punishment for the charge sheeted offence is imprisonment for a period of seven years. The petitioner is in custody in the present case for the last more than three years. Under the circumstances, without expressing any opinion on the merits or demerits of the case, solely on the ground of petitioner's incarceration, his prayer for grant of bail needs to be answered affirmatively. 5. Accordingly, the following; (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.115/2022 registered by Pandavapura Police Station, Mandya, for the offences punishable under Section 195A, 506, 507 read with Section 34 of IPC, subject to the following conditions: (a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC:24942 CRL.P No. 7002 of 2025 (b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; (c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future; (e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S. VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 45